Terms and Conditions – The Villages, FL

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR

USE AND ACCESS OF THIS WEBSITE. PLEASE READ CAREFULLY.

Thevillagesdeals.com is a website that provides FREE online discount coupons for business located in the Villages and surrounding communities. Michael Friend and Betty Friend (collectively, “FRIEND”) welcomes you to our website located at http://www.thevillagesdeals.com (the “Website”). Please review the following terms and conditions that govern your access and use of our Website and the many features and tools located thereon (the “Agreement”). By accessing or using our Website, you acknowledge that you have read, understood, and agree to follow and be legally bound by the terms and conditions of this Agreement whether you are merely visiting the Website or are a registered member of the Website. If you do not agree to follow the terms and conditions of this Agreement, do not use or continue to access the Website.

I. Definitions

As used in this Agreement:

A. “You”, “you”, “Your”, or “your” means a visitor, registered member, or user of the Website.
B. “Merchant” means an unaffiliated third party who offers its products and/or services for sale at a discount via printable coupons and/or vouchers on the Website.
C. “Merchant Coupon” or “Merchant Coupons” means printable discount coupons and/or vouchers located on the Website that may be redeemed by you for Merchant’s stated products and/or services.

II. Printing a FREE Merchant Coupon

You must print a FREE Merchant Coupon in order for you to take advantage of the discount offer posted and/or displayed on the Website. For each Merchant Coupon printed on the Website, you should inquire with the Merchant set forth in the Merchant Coupon regarding any restrictions.

Your use of a FREE Merchant Coupon on this Website is (a) subject to the terms and conditions of this Agreement, (b) subject to the terms and conditions set forth on the Merchant Coupon, and (c) void to the extent prohibited by applicable local, state, federal, and/or administrative rule, regulation, and/or law. Your use and redemption of a Merchant Coupon is at your sole and absolute risk and discretion. Any attempt by you to redeem a Merchant Coupon that is inconsistent with or contrary to the terms and conditions of this Agreement and those set forth on the Merchant Coupon will render said Merchant Coupon null and void. FRIEND is not responsible or liable to you for any void, lost, or stolen Merchant Coupons. FRIEND makes no representations or warranties concerning your use and/or redemption of a Merchant Coupon offered on the Website. The Merchant is solely responsible, liable, and otherwise legally accountable for redeeming any Merchant Coupon printed out by you on the Website and for any and all damages, claims, liabilities, injuries, and loss suffered by you arising from or relating to your printing, using, and/or redemption of a Merchant Coupon. You expressly agree to indemnify, defend, and hold FRIEND harmless with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that it is based upon, arises from, or relates to a Merchant Coupon offered on the Website.

III. Use of FREE Printed Merchant Coupon

By printing a FREE Merchant Coupon and redeeming it at said Merchant, the Merchant is solely responsible, liable, and legally accountable for determining the following (if applicable): (i) the redemption frequency and limitations, (ii) whether or not it may be used to purchase alcoholic beverages, (iii) whether or not it may be combined with any other discounts, promotions, or coupons offered by the Merchant or a third party, (iv) whether it may be used to pay for taxes and tips, and (v) whether it is valid for “dine in” only.

Pursuant to Florida Statute §559.03, the Merchant set forth in the purchased Merchant Coupon is solely responsible, liable, and legally accountable for legibly printing upon the face of its Merchant Coupon in cents or any fraction thereof a cash value determined by the Merchant. You expressly agree to indemnify, defend, and hold FRIEND harmless with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that it is based upon, arises from, or relates to a purchased Merchant Coupon.

Your use, download, printing, and redemption of a purchased Merchant Coupon is at your sole risk and discretion. Any attempt by you to redeem a printed Merchant Coupon that is inconsistent with or contrary to the terms and conditions of this Agreement and those set forth on the Merchant Coupon will render the purchased Merchant Coupon null and void. FRIEND makes no representations or warranties concerning your access, use, download, printing, and/or redemption of a purchased Merchant Coupon. The Merchant set forth in the purchased Merchant Coupon is solely responsible, liable, and otherwise legally accountable for redeeming any Merchant Coupon printed by you on the Website and for any and all damages, claims, liabilities, injuries, and loss suffered by you arising from or relating to your printing, using, and/or redemption of a purchased Merchant Coupon. You expressly agree to indemnify, defend, and hold FRIEND harmless with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that it is based upon, arises from, or relates to a purchased Merchant Coupon.

IV. Ownership Of Website Contents; Downloading

Unless otherwise noted, all text, logos, page headers, scripts, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Website (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by FRIEND. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by FRIEND. Other trade names, copyrighted material, and trademarks contained on the Website appear with the permission of their respective owners.

You may download or copy the Contents and other downloadable materials displayed on the Website for your use only in connection with the many interactive features of our Website and for your personal, non-commercial use; provided, however, that you shall not remove any copyright or other proprietary notices contained on said materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, frame, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software without the express written consent and approval of FRIEND.

V. Registration, Control and Content Of User Information

Membership in the Website is void where prohibited. Upon registering with the Website, you agree to provide accurate, current and complete information about you as requested in our registration form. You further agree that by registering with the Website, FRIEND may send you emails concerning its or its affiliated partners newsletters, promotions, sales, updates and other information. Please read our privacy policy regarding how to opt-out of receiving such communications from us and our partners.

You are prohibited from engaging in the following conduct in connection with your use and access of the Website:

Data mining, harvesting, or collecting email addresses or other personal identifiable information of other users of the Website by any method or means for the purpose of sending unsolicited emails or other unsolicited communications.
Any use or access of the Website that may cause damage, harm, disablement, or overburden of the Website.
Impersonating any person or entity, or misrepresenting or falsifying any information provided to FRIEND by you.
Using or attempting to use another member’s account without the consent of that member or by FRIEND.

VI. User Comments, Feedback, Postcards And Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FRIEND on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, “Comments”) shall be and remain the property of FRIEND.

You agree that FRIEND may use or disclose information about you and your use of the Website in accordance with our privacy policy.

You agree that FRIEND is free to use, without your consent, restriction and compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.

FRIEND has no obligation to respond to any Comments. You agree that Comments submitted by you to the Website will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

VII. Disclaimers

A. Merchant Coupons; Opinions: Any and all Merchant Coupons offered by Merchants offering specific products or services on the Website do not constitute or imply its endorsement, sponsorship, affiliation, veracity, quality, or recommendation by FRIEND. The statements and/or opinions of any third parties, including Merchants, expressed on the Website and in the Comments or Content located on the Website do not state or reflect those of FRIEND. The Merchant is the holder and issuer of the Merchant Coupon. The Website merely serves as a conduit to provide users of the Website the ability to access, download, and print a Merchant Coupon. The Merchant is solely responsible, liable, and otherwise legally accountable for any and all damages, claims, liabilities, injuries, and loss suffered by you arising from or relating to your printing, using, and/or redemption of a Merchant Coupon.

B. Links To Third Party Websites And Services: FRIEND does not control the availability or content of any third party websites, services, or resources to which this Website or a Merchant Coupon may link. Concerns regarding any such service, resource, or link should be directed to the particular third party. FRIEND does not endorse, sanction, or verify websites that link to the Website, even if the logo or mark of FRIEND is used as part of the link to this Website.

C. Content: While FRIEND makes a commercially reasonable effort to include accurate and up-to-date information on the Website, FRIEND makes no warranties or representations of any kind as to the accuracy, timeliness, or completeness of any information or data presented at the Website by FRIEND or any other party. FRIEND assumes no liability or responsibility for any errors or omissions in the content on the Website.

D. Limitation of Liability: THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. FRIEND SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DATA) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF FRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD FRIEND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, ATTORNEYS FEES AND OTHER EXPENSES OF EVERY KIND OR NATURE BASED UPON, ARISING FROM OR RELATED TO YOUR USE AND ACCESS OF THIS WEBSITE AND/OR A PURCHASED MERCHANT COUPON. NOTWITHSTANDING THE FOREGOING, FRIEND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FRIEND FOR A MERCHANT COUPON.

FRIEND DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRIEND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR DATA, FILES, NETWORK, INFORMATION SYSTEMS, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE.

E. Children: FRIEND is committed to providing you with a safe and friendly online experience through the use of several safety and precautionary features, tools, and technology. The information and services provided on the Website by FRIEND, its affiliates, sponsors, and advertisers are not intended to be viewed by children under 13 years of age. FRIEND maintains strict policies concerning visitors to its site that it knows are children under 13 years of age. These policies are contained in our privacy policy.

VIII. Termination

This Agreement is effective unless and until terminated by either you or FRIEND. You may terminate this Agreement at any time upon delivery of written notice to FRIEND, provided that any such termination will have no effect on your liability as a result of your use of the Website and for all amounts owing to FRIEND as of the date of such termination. FRIEND may also terminate this Agreement at any time upon delivery of written notice to you, and may do so immediately without notice, if in FRIEND’s sole and absolute discretion, you fail to comply with any term or provision of this Agreement or FRIEND’s policies. Further, FRIEND reserves the right, without prior notice and in its sole and absolute discretion, to change, suspend, discontinue or limit your access to any aspect of the Website at any time that FRIEND has reason to believe that you have violated the terms and conditions of this Agreement.

Upon termination of this Agreement by either you or FRIEND, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

IX. General Provisions

A. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.

B. Waiver: The waiver by FRIEND of any breach of any provision of the Agreement by you shall not be construed to be either a waiver of FRIEND’s rights regarding any succeeding breach of any such provision by you or a waiver of the provision itself.

C. Entire Agreement: This Agreement constitutes the entire agreement between you and FRIEND with respect to this subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between you and FRIEND.

D. Choice of Law and Jurisdiction: Unless otherwise specified, this Website and the Contents thereof are displayed solely for the purpose of promoting products and services available in the United States. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of Florida. You hereby expressly agree to submit to the personal jurisdiction of such courts and waive any objections to the venue in such courts.

Page 6 govern your use and access of our Website. FRIEND will post these changes in this Agreement. Your use and access of our Website following any such change constitutes your agreement to follow and be legally bound by the terms and conditions as modified. FRIEND may change, move, or delete portions of the Website, or may add to the Website from time to time.

F. Assignment: In the event that FRIEND may wish to assign or transfer your personal information and its rights hereunder to a third party, you agree that FRIEND may do so, on the condition that such third party agree to abide by FRIEND’s then current privacy and security policies.

G. Time is of the Essence. Time is of the essence for any and all of your rights and obligations as set forth in this Agreement.

H. Prevailing Party. In any litigation, including breach, enforcement or interpretation, arising out of this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party reasonable attorney’s fees, costs and expenses through all levels of proceedings.

X. Please Contact Us

FRIEND is always happy to listen to your comments, and answer your questions. You may contact us by sending an email to michael@thevillagesdeals.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL

OF THE PROVISIONS CONTAINED THEREIN

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